As a nation, India has a strong legal framework that guides the protection and conservation of its environment. This framework is composed of several key pieces of legislation, each aimed at preserving a specific aspect of the country’s rich natural heritage. However, issues abound in their enforcement, highlighted by both domestic and international entities.
Between 2014 and 2019 alone, over 11,500 environmental and forest clearances were granted by the Ministry of Environment, Forest and Climate Change (MoEFCC). These decisions have drawn criticism from various quarters, with detractors highlighting the lack of political will and effective compliance mechanisms as detrimental to India’s climate change conservation commitments.
The Legal Framework for Environment Protection in India: Constitutional & Statutory Provisions
Article 48A of the Indian Constitution states that the State shall endeavour to protect and improve the environment and safeguard the country’s forests and wildlife. Further strengthening this commitment, Article 51A urges every citizen to protect the environment.
Statutory provisions that form the backbone of environmental protection in India include:
– Wildlife Protection Act, 1972
– Forest (Conservation) Act, 1980
– Environment (Protection) Act, 1986
– National Green Tribunal (NGT) Act, 2010
– Coastal Regulation Zone Notification, 2011
– Environment Impact Assessment (EIA), 2006
Enforcement Challenges of Environmental Laws in India
The enforcement of these environmental laws faces multiple challenges. The Union Environment Ministry, tasked with field verification under green laws, operates with less than 80 officials. These officials are expected to visit thousands of project sites at least once annually.
A historical lack of political will continues to hinder the effective implementation of these laws. A report by the Organisation for Economic Co-operation and Development (OECD) in 2006 pointed out the “absence of strong political will” as a key factor contributing to significant funding limitations faced by Indian environmental institutions.
Green clearances, rather than being strengthened, have often been diluted. Successive governments have relied on post-facto clearance, subsidies, and self-certification, which have helped cut non-compliance but haven’t contributed significantly towards environmental protection.
These laws also don’t mandate public participation in environmental protection efforts, leading to a lack of citizen involvement and awareness.
Notable Violations of Green Legislations in India
Certain projects stand out as clear instances where environmental laws have been breached or circumvented. The Ken-Betwa Link Project (KBLP), proposed in mid-90s, has been widely criticized for its immense environmental cost. It was revived with a techno-economic clearance in 2016 and granted conditional forest clearance in 2017.
In Arunachal Pradesh, the final forest clearance was issued for the 3,000-MW Dibang multipurpose project despite the state failing to comply with the preconditions set by the Supreme Court.
Proposed Solutions to Improve Environment Protection
The way forward involves making regulatory bodies more independent and investing in second-generation reforms that consider environmental and community rights while reducing time and transaction costs for all parties involved. Simplifying laws to reduce multiplicity, remove archaic legislation and streamline regulatory processes could also lead to better enforcement.